EB-1C Dismissed — Computer Hardware Engineering: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director determined the description of duties was not sufficiently detailed to prove the beneficiary would be relieved from performing the day-to-day operational tasks of the business, especially given the small size of the U.S. entity. The director also raised concerns about the petitioner's ability to pay the proffered wage.

Criteria Discussed

Sign up free to download the original PDF